{"id":"a-2004-20","name":"Architects Act 2004","slug":"architects-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23086,"registerId":"act-a-2004-20-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Architects Act 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nArchitects Act 2004\nA2004-20\nRepublication No 18\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Architects Act 2004 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nArchitects Act 2004\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Objects and important concepts for Act\n6 Objects 4\n7 Meaning of architectural service for Act 4\nPart 3 Registration\nDivision 3.1 Registration of architects\n8 Eligibility for registration 5\n\nContents\nPage\ncontents 2 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Decision on registration application 6\n10 Registration conditions 7\n11 Inclusion of details in register 8\n12 Term of registration 8\nDivision 3.2 Architects register\n13 Registrar 8\n14 Board to keep register 9\n15 Exception to public inspection 9\n16 Correction of errors 10\n17 Information may be shared 10\n18 Notice of intention to remove from register 10\n19 Requirement to remove register information 11\n20 Register information may be removed 11\nDivision 3.3 Nominees\n21 Meaning of mandatory requirement for div 3.3 12\n22 Appointment of nominees 12\n23 Only nominee is primary nominee 13\n24 Primary nominee in partnership 13\n25 Primary nominee in corporation 13\n26 Change of primary nominee 14\n27 When person no longer nominee 14\n28 Nominee’s resignation 14\n29 Revocation of nominee’s appointment 14\n30 Role of nominees 15\n31 Legislation Act and nominee appointments 16\n32 Firm to tell board about nominee ceasing 16\nPart 4 Complaints\n33 Meaning of architect for pt 4 17\n34 Who may complain? 17\n35 Form of complaint 17\n36 Withdrawal of complaints 18\n37 Further information about complaint etc 18\n38 Investigation of complaint 18\n\nContents\nPage\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 No further action on complaint 19\n40 Action after investigating complaint 19\nPart 5 Occupational discipline—architects\n41 Meaning of architect—pt 5 21\n42 Grounds for occupational discipline 21\n43 Application to ACAT for occupational discipline 22\n44 Considerations before making occupational discipline orders 22\n45 Giving local registering authorities information about cancelling or\nsuspending registration 23\nPart 6 Offences\n56 Individual not registered or nominee for pt 6 24\n57 Individual pretending to be registered 24\n58 Firm offering architectural services without nominee 24\n59 Unregistered individual advertising 25\n60 Individual advertising without details 25\n61 Firm advertising without details 26\n62 Firm’s business correspondence without required details 27\n63 Provision of architectural services by third party 28\nPart 7 Architects board\nDivision 7.1 Establishment and functions of board\n64 Establishment of board 29\n65 Board functions 29\n66 Exercise of board functions 30\n67 Annual report by board 30\n68 Ministerial directions to board 31\n69 Board to comply with directions under s 68 32\n69A Delegation by board 32\nDivision 7.2 Board members\n70 Board membership 32\n71 Term of board member appointments 33\n72 Board chairperson and deputy chairperson 33\n73 Disclosure of interests by board members 34\n\nContents\nPage\ncontents 4 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n74 Ending appointment of board member 35\nDivision 7.3 Board proceedings\n75 Calling board meetings 35\n76 Board procedures 36\nDivision 7.4 Board committees\n77 Establishment of committees 37\n78 Exercise of committee functions 37\n79 Membership of committees 37\n80 Reimbursement for committee members 38\nPart 8 Protection and information\n81 Definitions for pt 8 39\n82 Protection of participants and people reporting 39\n83 Protection of officials 39\n84 Secrecy 40\nPart 9 Notification and review of decisions\n85 Meaning of reviewable decision—pt 9 42\n86 Reviewable decision notices 42\n86A Applications for review 42\nPart 10 Miscellaneous\n87 Board examinations 43\n88 Code of professional conduct 43\n89 Registered architect to give evidence of insurance 44\n90 Evidentiary certificates 45\n90A Notifiable instruments under s 8 and Legislation Act, s 47 46\n91 Determination of fees 46\n92 Approved forms 46\n93 Regulation-making power 46\n\nContents\nPage\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\ncontents 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions 47\nDictionary 48\nEndnotes\n1 About the endnotes 50\n2 Abbreviation key 50\n3 Legislation history 51\n4 Amendment history 54\n5 Earlier republications 59\n\n\n\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nArchitects Act 2004\nAn Act about the provision of architectural services, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Architects Act 2004.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘architects board—see section 64.’\nmeans that the term ‘architects board’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against\nthis Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Objects and important concepts for Act\nSection 6\npage 4 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Objects and important concepts\nfor Act\n6 Objects\n(1) The objects of this Act include the following:\n(a) to establish a board to regulate the provision of architectural\nservices by architects;\n(b) to ensure that architects provide services to the public\nprofessionally and competently;\n(c) to provide ways to discipline architects who are found to have\nacted unprofessionally or incompetently;\n(d) to ensure that the public has access to information about the\nqualifications and competence of architects;\n(e) to establish a register of architects to provide that information.\n(2) In this section:\narchitect means a registered person.\n7 Meaning of architectural service for Act\n(1) In this Act:\narchitectural service means a service provided in connection with the\ndesign, planning or construction of buildings that is ordinarily\nprovided by architects.\n(2) A regulation may prescribe services that are, and are not, architectural\nservices.\n\nRegistration Part 3\nRegistration of architects Division 3.1\nSection 8\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Registration\nDivision 3.1 Registration of architects\n8 Eligibility for registration\n(1) An individual is eligible to be registered if the individual has relevant\nexpertise and relevant experience.\n(2) An individual has relevant expertise if the individual—\n(a) has—\n(i) a qualification declared by the registrar; or\n(ii) successfully completed a course of study accredited by the\narchitects board; or\n(iii) qualifications gained outside Australia that the board is\nsatisfied are adequate to allow the individual to practise\narchitecture in the ACT; and\n(b) has passed an examination arranged or approved by the board to\nassess the person’s competence to practise architecture.\n(3) An individual has relevant experience if—\n(a) the individual has at least 2 years practical experience in the\npractice of architecture, of which—\n(i) at least 1 year is postgraduate experience; and\n(ii) at least 1 year is in Australia; and\n(b) the architects board is satisfied that the period and kind of\npractise are adequate to allow the individual to competently\npractise architecture in the ACT.\nExample for par (a)\na person worked as an undergraduate in architectural services in Brussels for\n18 months, then graduated and worked providing architectural services for 1 year\nin Melbourne\n\nPart 3 Registration\nDivision 3.1 Registration of architects\nSection 9\npage 6 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The registrar may declare a qualification for subsection (2) (a) (i).\n(5) Before making a declaration, the registrar must consult the architects\nboard.\n(6) The architects board may accredit a course for subsection (2) (a) (ii).\n(7) A declaration or accreditation is a notifiable instrument.\nNote See also s 90A (Notifiable instruments under s 8 and Legislation Act,\ns 47).\n9 Decision on registration application\n(1) If an individual applies for registration, the architects board must\nregister, or refuse to register, the individual.\n(2) The architects board must refuse to register the individual as an\narchitect if—\n(a) the board is not satisfied that the applicant is eligible to be\nregistered; or\n(b) the individual is disqualified from applying for registration.\nNote An individual may be disqualified from applying for registration under\nthe ACT Civil and Administrative Tribunal Act 2008, s 66 (3).\n(3) The architects board may refuse to register the individual if, because\nof a relevant circumstance in relation to the individual, the board is\nsatisfied that the public interest will or might be endangered if the\nindividual is allowed to practice architecture in the ACT.\n(4) Each of the following is a relevant circumstance in relation to an\nindividual:\n(a) the individual is bankrupt or personally insolvent;\n(b) the individual has been convicted or found guilty of an offence\nagainst this Act;\n\nRegistration Part 3\nRegistration of architects Division 3.1\nSection 10\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the individual has been convicted or found guilty of an offence\nagainst a Commonwealth, Territory or State law punishable by\nimprisonment for 1 year or longer;\n(d) the individual’s registration (however described) under the\ncorresponding law of a local jurisdiction has been cancelled or\nsuspended because of an act or omission of the individual that\nwould, if the individual were registered in the ACT and the act\nor omission had happened here, have allowed the individual’s\nregistration to be cancelled or suspended.\nNote Corresponding law—see dict.\n(5) To remove any doubt, the architects board may only register an\nindividual.\n(6) Registration may be conditional.\n10 Registration conditions\n(1) The architects board may put a condition on a person’s registration—\n(a) on registration; or\n(b) when the registration is renewed.\nNote The ACAT may also direct the registrar to place a condition on a person’s\nregistration (see ACT Civil and Administrative Tribunal Act 2008,\ns 66 (2) (g) (i)).\n(2) A condition on registration may relate to—\n(a) the term of the registration; or\n(b) the kind of architecture the person is registered to practise; or\n(c) anything else relating to the practice of architecture that the\narchitects board considers appropriate.\n(3) In considering whether to place a condition on a person’s registration,\nthe architects board must take into consideration the following:\n(a) any relevant experience;\n\nPart 3 Registration\nDivision 3.2 Architects register\nSection 11\npage 8 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any history of complaints about the person’s conduct in relation\nto the provision of architectural services;\n(c) any disciplinary action taken in relation to the person under this\nAct or a corresponding Act of a local jurisdiction;\n(d) the need to protect the public from harm, for example, by\nlimiting the public’s exposure to a financially insecure provider\nof architectural services.\n11 Inclusion of details in register\n(1) If the architects board registers a person, the board must include in\nthe register details of the person’s registration.\n(2) A regulation may prescribe the details required to be included in the\nregister on registration.\n12 Term of registration\n(1) Registration is for 1 year.\n(2) However, a condition on a person’s registration may provide a shorter\nregistration period.\nDivision 3.2 Architects register\n13 Registrar\n(1) The director-general must appoint a public servant as registrar.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(2) The registrar is responsible for managing the administration of the\narchitects board and maintaining the register.\n\nRegistration Part 3\nArchitects register Division 3.2\nSection 14\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The registrar must exercise a function under subsection (2) in\naccordance with any direction from the architects board.\n14 Board to keep register\n(1) The architects board must keep a register (the register) that allows the\npublic to get information about who is registered to provide\narchitectural services in the ACT.\n(2) The register may be kept in any form, including electronically, that\nthe architects board decides.\n(3) The register may be kept in 1 or more parts, as the architects board\nconsiders appropriate.\n(4) The register must be open for free inspection by the public at\nreasonable times.\nExample\nthe register may be available on a website\n(5) This section is subject to section 15.\n15 Exception to public inspection\n(1) This section applies to an occupational discipline order in relation to\na person.\n(2) A matter included in the register in relation to the occupational\ndiscipline order may be open for public inspection under section 14\nonly if—\n(a) the time for any appeal of the decision has ended and no\napplication for appeal has been made; or\n(b) an application for appeal has been made, the decision has been\nconfirmed on appeal and the time for further appeal has ended.\nNote An occupational discipline order is a decision of the ACAT that may be\nappealed under the ACT Civil and Administrative Tribunal Act 2008, pt 8.\n\nPart 3 Registration\nDivision 3.2 Architects register\nSection 16\npage 10 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the decision has been reversed or set aside, a matter included in the\nregister in relation to the decision must not be open for public\ninspection.\n(4) If the decision has been changed (for example, by substitution), this\nsection applies to a matter included in the register in relation to the\ndecision as changed.\n16 Correction of errors\nWith the approval of the architects board, the registrar may correct a\nmistake, error or omission in the register.\n17 Information may be shared\nInformation on the register, including information that is not available\nfor public inspection, may be given to a local registering authority for\nuse as part of a joint register of architects between local jurisdictions.\nNote Local registering authority—see dict.\n18 Notice of intention to remove from register\n(1) This section applies if the architects board intends to remove\nsomeone’s details from the register under section 19 (2) or section 20.\n(2) The architects board must not remove the person’s details unless the\nboard has—\n(a) given the person written notice of the board’s intention to take\naction; and\n(b) taken into consideration any response received from the person\nin accordance with the notice.\n(3) A notice under subsection (2) (a) must—\n(a) state the action the architects board intends to take; and\n(b) tell the person why the board intends to take the action; and\n\nRegistration Part 3\nArchitects register Division 3.2\nSection 19\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) tell the person that the person may, within 12 business days after\nthe day the person is given the notice, give a written response to\nthe board about the matters in the notice.\n19 Requirement to remove register information\n(1) The architects board must remove from the register details of a\nperson’s registration if—\n(a) the person dies; or\n(b) the person asks for the person’s registration to be cancelled; or\n(c) the person is no longer registered (for example, if the person\nfails to renew registration or pay for renewal); or\n(d) the person’s registration is cancelled.\n(2) The architects board must remove from the register details of a\nperson’s registration if the board is satisfied that—\n(a) the person has become mentally or physically incapacitated and\nthe incapacity affects the person’s ability to provide\narchitectural services; or\n(b) the person is not eligible to be registered.\n(3) However, the architects board must not remove a person’s details\nunder subsection (2) until 15 business days after the day the person is\ngiven notice of the intention to remove the details under section 18.\n20 Register information may be removed\n(1) The architects board may remove from the register details of a\nperson’s registration if—\n(a) the person becomes bankrupt or personally insolvent; or\n(b) the person is convicted or found guilty of an offence against a\nCommonwealth, Territory or State law punishable by\nimprisonment for 1 year or longer.\n\nPart 3 Registration\nDivision 3.3 Nominees\nSection 21\npage 12 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, the architects board must not remove a person’s details\nunder subsection (1) until 15 business days after the day the person is\ngiven notice of the intention to remove the details under section 18.\nDivision 3.3 Nominees\n21 Meaning of mandatory requirement for div 3.3\nIn this division:\nmandatory requirement, of a nominee of a firm, means a written\nrequirement by the nominee that the firm do something, or not do\nsomething, to comply with this Act.\n22 Appointment of nominees\n(1) A firm may, in writing given to the architects board, appoint an\neligible person to be a nominee for the firm.\n(2) The appointment must state—\n(a) that the person appointed is nominee in relation to all\narchitectural services provided by the firm and is the primary\nnominee; or\n(b) if there is, or is to be, more than 1 nominee for the firm—\n(i) the services in relation to which the person appointed is to\nbe nominee; and\n(ii) the name of the primary nominee.\n(3) The appointment must also include the details of the person’s\neligibility to be a nominee.\n(4) For subsection (1), a person is eligible to be a nominee for a firm if\nthe person—\n(a) is registered; and\n\nRegistration Part 3\nNominees Division 3.3\nSection 23\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is a director or partner in the firm, or employed by the firm; and\n(c) agrees in writing to the appointment.\n(5) A firm may change the architectural services for which a nominee is\nresponsible by written notice to the nominee and the architects board.\n23 Only nominee is primary nominee\nIf a firm has only 1 nominee, the nominee is the firm’s primary\nnominee.\n24 Primary nominee in partnership\n(1) This section applies if a firm that is a partnership has more than\n1 nominee.\n(2) If only 1 nominee is a partner in the firm, that nominee is the firm’s\nprimary nominee.\n(3) If more than 1 nominee is a partner in the firm, the firm must\nnominate 1 nominee who is a partner to be the firm’s primary\nnominee.\n(4) If no nominee is a partner, the firm must nominate a nominee to be\nthe firm’s primary nominee.\n25 Primary nominee in corporation\n(1) This section applies if a firm that is a corporation has more than\n1 nominee.\n(2) If only 1 nominee is a director of the firm, that nominee is the firm’s\nprimary nominee.\n(3) If more than 1 nominee is a director of the firm, the firm must\nnominate 1 nominee who is a director to be the firm’s primary\nnominee.\n(4) If no nominee is a director, the firm must nominate a nominee to be\nthe firm’s primary nominee.\n\nPart 3 Registration\nDivision 3.3 Nominees\nSection 26\npage 14 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Change of primary nominee\nA firm may change its primary nominee by written notice to the\narchitects board.\n27 When person no longer nominee\nA nominee of a firm automatically stops being a nominee if the\nnominee ceases to be eligible to be a nominee.\n28 Nominee’s resignation\n(1) A nominee of a firm may resign their appointment only with the\narchitects board’s approval.\n(2) The architects board may approve the resignation of the nominee only\nif satisfied that—\n(a) the firm has refused to comply with a mandatory requirement of\nthe nominee; or\n(b) the nominee cannot exercise their functions because of mental\nor physical incapacity; or\n(c) the nominee, or firm that appointed the nominee, has arranged\nfor another nominee to take over the nominee’s functions; or\n(d) it is otherwise appropriate to approve the resignation.\n29 Revocation of nominee’s appointment\n(1) A firm may revoke a nominee’s appointment only with the architects\nboard’s approval.\n(2) The architects board may approve the revocation of the nominee’s\nappointment only if satisfied that—\n(a) the nominee cannot exercise their functions because of mental\nor physical incapacity; or\n\nRegistration Part 3\nNominees Division 3.3\nSection 30\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the nominee, or firm that appointed the nominee, has arranged\nfor another nominee to take over the nominee’s functions; or\n(c) it is otherwise appropriate to approve the resignation.\n30 Role of nominees\n(1) A nominee of a firm has the function of ensuring that the architectural\nservices for which the nominee is responsible (the relevant\narchitectural services) comply with this Act.\n(2) The nominee commits an offence if—\n(a) the nominee has been given a copy of the nominee’s\nappointment and any change to the appointment; and\n(b) the nominee fails to ensure that the relevant architectural\nservices comply with this Act.\nMaximum penalty: 50 penalty units.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(3) Subsection (2) does not apply to a failure of a nominee of a firm if—\n(a) the nominee had given the nominee’s firm a mandatory\nrequirement in relation to the matter that made up the failure;\nand\n(b) the nominee had given the architects board a copy of the\nmandatory requirement; and\n(c) the failure would not have happened if the mandatory\nrequirement had been complied with.\n(4) A firm that is a corporation commits an offence if a nominee of the\nfirm fails to ensure that the relevant architectural services comply\nwith this Act.\nMaximum penalty: 50 penalty units.\n\nPart 3 Registration\nDivision 3.3 Nominees\nSection 31\npage 16 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A partner in a firm that is a partnership commits an offence if a\nnominee of the firm fails to ensure that the relevant architectural\nservices comply with this Act.\nMaximum penalty: 50 penalty units.\n(6) It is a defence to a prosecution for an offence for contravening\nsubsection (5) if the partner proves—\n(a) that—\n(i) the partner did not know about the failure; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the failure; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the architectural services or their\nsupervision.\n(7) An offence against this section is a strict liability offence.\n31 Legislation Act and nominee appointments\nThe Legislation Act, part 19.3 (Appointments) does not apply to the\nappointment of a nominee.\n32 Firm to tell board about nominee ceasing\n(1) This section applies if a nominee of a firm ceases to be the firm’s\nnominee other than because the nominee resigns or the nominee’s\nappointment is revoked.\n(2) The firm must tell the architects board in writing about the nominee\nceasing within 1 week after the day the nominee ceases to be\nnominee.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n\nComplaints Part 4\nSection 33\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Complaints\n33 Meaning of architect for pt 4\nIn this part:\narchitect, in relation to an act or omission, means a registered person\nor a person who was registered at the time of the act or omission.\n34 Who may complain?\nAnyone who believes a ground for occupational discipline exists in\nrelation to an architect may complain to the architects board.\nExamples of people who may complain\na board member, a member of the public, the user of a service\nNote Ground for occupational discipline—see s 42.\n35 Form of complaint\n(1) A complaint must—\n(a) be in writing; and\n(b) include the name and address of the person making the\ncomplaint (the complainant).\n(2) However, the architects board may accept a complaint for\nconsideration even if it does not comply with subsection (1).\n(3) If the architects board accepts for consideration a complaint that is\nnot in writing, the board must require the complainant to put the\ncomplaint in writing unless there is a good reason for not doing so.\n\nPart 4 Complaints\nSection 36\npage 18 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Withdrawal of complaints\n(1) A complainant may withdraw the complaint at any time by written\nnotice to the architects board.\n(2) If the complainant withdraws the complaint, the architects board—\n(a) need take no further action on the complaint; but\n(b) may continue to act on the complaint if the board considers it\nappropriate to do so; and\n(c) need not report to the complainant under section 40 (Action after\ninvestigating complaint) on the results of any action on the\ncomplaint.\n37 Further information about complaint etc\n(1) The architects board may, at any time, require a complainant to give\nthe board further information about the complaint.\nNote Giving false or misleading information is an offence against the\nCriminal Code, s 338.\n(2) When making a requirement under this section, the architects board\nmust give the complainant a reasonable period of time to satisfy the\nrequirement and may extend that period, whether before or after it\nends.\n(3) If the complainant does not comply with a requirement under\nsubsection (1), the architects board need not, but may, take further\naction in relation to the complaint.\n38 Investigation of complaint\nThe architects board must take reasonable steps to investigate each\ncomplaint the board accepts for consideration.\nNote A complaint must be in writing, but the registrar may accept a complaint\nthat is not in writing (see s 35).\n\nComplaints Part 4\nSection 39\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 No further action on complaint\nThe architects board must not take further action on a complaint if\nsatisfied that—\n(a) the complaint lacks substance; or\n(b) the complaint is frivolous, vexatious or was not made genuinely;\nor\n(c) the complaint has been adequately dealt with.\nNote The architects board may also take no further action on a complaint if the\ncomplainant has not complied with a requirement made under s 37 (1)\n(see s 37 (3)).\n40 Action after investigating complaint\n(1) After investigating a complaint against an architect, the architects\nboard must—\n(a) if the board is satisfied that a ground for occupational discipline\nexists in relation to the complaint—\n(i) apply to the ACAT for occupational discipline in relation\nto the architect; and\n(ii) tell the complainant in writing that the application has been\nmade; or\n(b) if the board is not satisfied that a ground for occupational\ndiscipline exists in relation to the complaint—\n(i) tell the complainant in writing that the board will take no\nfurther action on the complaint; and\n(ii) take no further action on the complaint.\n\nPart 4 Complaints\nSection 40\npage 20 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) (b) (ii) does not prevent the architects board from\ntaking further action in relation to a complaint if the board becomes\nsatisfied that a ground for occupational discipline exists in relation to\nthe complaint.\nNote The registrar need not notify the complainant under s (1) if the\ncomplainant has withdrawn the complaint (see s 36).\n\nOccupational discipline—architects Part 5\nSection 41\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Occupational discipline—\narchitects\n41 Meaning of architect—pt 5\nIn this part:\narchitect means—\n(a) a registered architect; or\n(b) a person who was, but is no longer, a registered architect.\n42 Grounds for occupational discipline\n(1) Each of the following is a ground for occupational discipline in\nrelation to an architect:\n(a) the architect has contravened, or is contravening, this Act;\n(b) if a code of professional conduct has been approved under\nsection 88 (1)—the architect has contravened, or is\ncontravening, a requirement of the code;\n(c) the architect has contravened, or is contravening, a condition of\nthe architect’s registration;\n(d) the architect has been convicted, or found guilty, of an offence\nagainst a corresponding law of a local jurisdiction;\nNote Corresponding law—see the dictionary.\n(e) the architect has been found guilty, in the ACT or elsewhere, of\nan offence involving fraud, dishonesty or violence that is\npunishable by imprisonment for 1 year or more.\n(2) A ground for occupational discipline applies to an architect who is no\nlonger registered if the ground applied to the architect while\nregistered.\n\nPart 5 Occupational discipline—architects\nSection 43\npage 22 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Application to ACAT for occupational discipline\nIf the architects board believes on reasonable grounds that a ground\nfor occupational discipline exists in relation to an architect, the board\nmay apply to the ACAT for an occupational discipline order in\nrelation to the architect.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out\noccupational discipline orders the ACAT may make.\n44 Considerations before making occupational discipline\norders\n(1) This section applies if the ACAT is considering an application for\noccupational discipline in relation to an architect.\n(2) Without limiting the matters the ACAT must consider in relation to\nthe architect, the ACAT must consider the following:\n(a) the degree of responsibility of the architect for the act or\nomission that made up the ground for occupational discipline;\n(b) the extent to which it is necessary to discourage the architect and\nothers from doing something, or not doing something, that made\nup the disciplinary ground;\n(c) whether, and the extent to which, it is necessary to protect the\npublic from the architect;\n(d) the desirability of making the architect responsible for the\nconsequences of the architect’s actions or omissions;\n(e) the desirability of maintaining public confidence in the\nregulatory system set up by this Act.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out\nother considerations that must be taken into account by the ACAT.\n\nOccupational discipline—architects Part 5\nSection 45\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n45 Giving local registering authorities information about\ncancelling or suspending registration\n(1) This section applies if the ACAT cancels or suspends an architect’s\nregistration or disqualifies an architect from applying for registration.\n(2) The architects board must give each local registering authority the\nfollowing information about the architect:\n(a) the name and any other identifying details of the architect;\n(b) a short description of the ground for occupational discipline on\nwhich the occupational discipline order was based;\n(c) whether the registration has been cancelled or suspended or the\narchitect disqualified;\n(d) if the registration has been suspended—the period of\nsuspension;\n(e) if the architect has been disqualified—the period of\ndisqualification.\n(3) This section does not limit any other requirement or power, under this\nAct or another law in force in the ACT, to give information to a local\nregistering authority.\n\nPart 6 Offences\nSection 56\npage 24 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Offences\n56 Individual not registered or nominee for pt 6\nFor this part—\n(a) an individual is taken not to be registered if the individual’s\nregistration is suspended; and\n(b) an individual is taken not to be a nominee if the individual’s\nregistration is suspended.\n57 Individual pretending to be registered\n(1) An individual must not pretend to be registered.\nMaximum penalty: 100 penalty units.\nExample of pretending to be registered\nusing ‘architect’ or ‘registered architect’ on letterhead, entry sign or other\nadvertisement\n(2) Subsection (1) does not apply to the use of a term prescribed under a\nregulation.\n58 Firm offering architectural services without nominee\n(1) A corporation must not offer an architectural service unless the\ncorporation has a nominee.\nMaximum penalty: 100 penalty units.\n(2) Each partner in a partnership commits an offence if—\n(a) the partnership offers an architectural service; and\n(b) the partnership does not have a nominee.\nMaximum penalty: 100 penalty units.\n\nOffences Part 6\nSection 59\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) It is a defence to a prosecution for an offence for contravening\nsubsection (2) if the partner proves—\n(a) that—\n(i) the partner did not know that the partnership did not have\na nominee; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the contravention; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the appointment of a nominee.\n59 Unregistered individual advertising\n(1) An individual commits an offence if—\n(a) the individual advertises that the individual provides, or will\nprovide, an architectural service; and\n(b) the individual is not registered.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n60 Individual advertising without details\n(1) An individual commits an offence if—\n(a) the individual advertises that the individual provides, or will\nprovide, an architectural service; and\n(b) the individual does not include the following in the\nadvertisement:\n(i) the individual’s name as recorded in the register;\n\nPart 6 Offences\nSection 61\npage 26 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the individual’s registration number.\nMaximum penalty: 50 penalty units.\nExample\nAn individual’s registered name is D&E Smith Architects. The individual trades\nunder the name ABC Architects. When advertising, the individual must include the\nregistered name in the advertisement to allow the public to check the individual’s\nregister entry.\n(2) An offence against this section is a strict liability offence.\n61 Firm advertising without details\n(1) A corporation commits an offence if the corporation—\n(a) advertises that it provides, or will provide, an architectural\nservice; and\n(b) does not include the following in the advertisement:\n(i) the name of the corporation’s primary nominee, as\nrecorded in the register;\n(ii) the primary nominee’s registration number.\nMaximum penalty: 10 penalty units.\n(2) A partner commits an offence if the partnership—\n(a) advertises that it provides, or will provide, an architectural\nservice; and\n(b) does not include the following in the advertisement:\n(i) the name of the partnership’s primary nominee as recorded\nin the register;\n(ii) the primary nominee’s registration number.\nMaximum penalty: 10 penalty units.\n\nOffences Part 6\nSection 62\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) It is a defence to a prosecution for an offence for contravening\nsubsection (2) if the partner proves—\n(a) that—\n(i) the partner did not know that the partnership had not\nincluded the information in the advertisement; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the contravention; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the advertisement.\n(4) An offence against this section is a strict liability offence.\n62 Firm’s business correspondence without required details\n(1) A corporation commits an offence if the corporation—\n(a) provides, or advertises that it will provide, an architectural\nservice; and\n(b) does not include the following in each item of written business\ncorrespondence:\n(i) the name of the corporation’s primary nominee, as\nrecorded in the register;\n(ii) the primary nominee’s registration number.\nMaximum penalty: 10 penalty units.\n(2) A partner commits an offence if the partnership—\n(a) provides, or advertises that it will provide, an architectural\nservice; and\n(b) does not include the following in each item of written business\ncorrespondence:\n(i) the name of the partnership’s primary nominee, as recorded\nin the register kept under this Act;\n\nPart 6 Offences\nSection 63\npage 28 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the primary nominee’s registration number.\nMaximum penalty: 10 penalty units.\n(3) It is a defence to a prosecution for an offence for contravening\nsubsection (2) if the partner proves—\n(a) that—\n(i) the partner did not know that the information was not\nincluded in the business correspondence; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the contravention; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the business correspondence.\n(4) An offence against this section is a strict liability offence.\n63 Provision of architectural services by third party\nA person commits an offence if—\n(a) the person offers an architectural service to be provided by\nsomeone else; and\n(b) the provider of the service is not a registered architect; and\n(c) the person is reckless about whether the provider is a registered\narchitect.\nMaximum penalty: 100 penalty units.\n\nArchitects board Part 7\nEstablishment and functions of board Division 7.1\nSection 64\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Architects board\nDivision 7.1 Establishment and functions of board\n64 Establishment of board\n(1) The Australian Capital Territory Architects Board (the architects\nboard) is established.\n(2) The board—\n(a) is a body corporate; and\n(b) must have a seal.\n65 Board functions\n(1) The architects board has the following functions:\n(a) to register architects;\n(b) to investigate complaints given to the board about registered\npeople and people who have been registered;\n(c) to consider whether it is necessary for occupational discipline to\nbe used against registered architects, including former registered\narchitects, and, if it is, to apply to the ACAT for occupational\ndiscipline orders;\n(d) to consider and report to the Minister about issues referred to the\nboard by the Minister for advice;\n(e) to advise the Minister in relation to the practice of architecture,\nfor example, about codes of professional conduct;\n(f) to further a common and harmonious approach to the\nadministration of legislation about architects by cooperation\nwith local jurisdictions;\n(g) to accredit courses of study in architecture;\n\nPart 7 Architects board\nDivision 7.1 Establishment and functions of board\nSection 66\npage 30 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) to provide general advice to consumers about the professional\nconduct and standards of competence expected of registered\narchitects.\nExample for par (f)\nthe board chairperson or registrar, or both, becoming a member of an accreditation\norganisation for architects in local jurisdictions\n(2) The architects board may exercise any other function given to the\nboard under this Act or another Territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n66 Exercise of board functions\n(1) The architects board must exercise its functions independently,\nimpartially and in the public interest.\n(2) This section is subject to section 69 (Board to comply with directions\nunder s 68).\n67 Annual report by board\n(1) The architects board must prepare an annual report under the Annual\nReports (Government Agencies) Act 2004.\n(2) A report prepared by the architects board under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include the\ndetails prescribed by regulation.\nNote Financial year has an extended meaning in the Annual Reports\n(Government Agencies) Act 2004.\n\nArchitects board Part 7\nEstablishment and functions of board Division 7.1\nSection 68\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n68 Ministerial directions to board\n(1) The Minister may give a written direction to the architects board\nabout the exercise of the board’s functions if satisfied that it is in the\npublic interest to do so.\nExamples of directions\n1 direct the board to report on a particular issue within a particular time\n2 direct the board to follow a policy, standard or other instrument applying to an\nadministrative unit\n3 direct the board to give the Minister a proposed code of professional conduct,\nor an amendment of a code of professional conduct, relating to particular\nbehaviour (see s 88)\n(2) However, the Minister must not direct the board about any of the\nfollowing:\n(a) whether to register or refuse to register a person;\n(b) whether to renew or refuse to renew a person’s registration;\n(c) whether or not to cancel someone’s registration or take other\ndisciplinary action in relation them.\nExample of direction not prevented by s (2)\nthe Minister may have received complaints about a particular architect and may\ndirect the architects board to give the Minister information about any action being\ntaken in relation to the architect\n(3) Before giving a direction, the Minister must—\n(a) tell the architects board about the proposed direction; and\n(b) give the board reasonable opportunity to comment on the\nproposed direction; and\n(c) consider any comment made by the board.\n(4) A direction is a notifiable instrument.\n\nPart 7 Architects board\nDivision 7.2 Board members\nSection 69\npage 32 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n69 Board to comply with directions under s 68\nThe architects board must comply with a direction given under\nsection 68.\n69A Delegation by board\nThe architects board may delegate the board’s functions under this\nAct to the registrar.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nDivision 7.2 Board members\n70 Board membership\n(1) The Board consists of the following members (the board members):\n(a) 1 member nominated in writing by a representative body;\n(b) 1 member who is, or has recently been, an academic architect;\n(c) 1 member who is registered;\n(d) 1 member who is a commercial lawyer;\n(e) 1 member to represent community interests who is not\nregistered.\n(2) The Minister must appoint the board members.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(3) In this section:\nacademic architect means a person who teaches architecture at an\neducational institution.\n\nArchitects board Part 7\nBoard members Division 7.2\nSection 71\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncommercial lawyer means a lawyer with experience in either or both\nof the following areas:\n(a) consumer protection law;\n(b) trade practices law.\nrepresentative body means an entity that has as a main purpose the\npromotion of the interests of architects.\nNote The board can still function with a vacancy in membership (see\nLegislation Act, s 199 (5)).\n71 Term of board member appointments\nAn appointment must be for a term of not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n72 Board chairperson and deputy chairperson\n(1) This section applies if there is no chairperson or no deputy\nchairperson for the architects board.\n(2) The board members must elect a member to be the board chairperson\nor deputy chairperson.\n(3) However, the board members must not elect a member to be the board\nchairperson or deputy chairperson unless the member is registered.\n(4) The board deputy chairperson acts in the position of board\nchairperson—\n(a) during all vacancies in the position; and\n(b) during all periods when the board chairperson cannot for any\nreason exercise the functions of the position.\nNote The Legislation Act, div 19.3.2, deals with acting appointments\n\nPart 7 Architects board\nDivision 7.2 Board members\nSection 73\npage 34 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n73 Disclosure of interests by board members\n(1) A board member who has a relevant interest in an issue being\nconsidered by the architects board or about to be considered by the\nboard must, as soon as practicable after the relevant facts have come\nto the board member’s knowledge, disclose the nature of the interest\nat a board meeting.\n(2) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the board member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n(3) Any other board member who also has a relevant interest in the issue\nmust not—\n(a) be present when the board considers whether to make a decision\nunder subsection (2); or\n(b) take part in the decision.\n(4) The board chairperson must, within 7 days after the end of each\nfinancial year, give the Minister a statement that sets out the details\nof all disclosures under this section made during the financial year.\n(5) The Minister must give the relevant Assembly committee a copy of a\nstatement received under subsection (4) within 14 days after the day\nthe Minister receives the statement.\n(6) In this section:\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (5).\nrelevant interest, in an issue, means a direct or indirect financial or\nother interest in the issue.\n\nArchitects board Part 7\nBoard proceedings Division 7.3\nSection 74\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n74 Ending appointment of board member\n(1) The Minister must end the appointment of a board member if the\nMinister becomes aware that the member—\n(a) has failed to comply with section 73 without reasonable excuse;\nor\n(b) has at any time been convicted, in Australia or elsewhere, of an\noffence punishable by imprisonment for 1 year or longer.\n(2) The Minister may end the appointment of a board member—\n(a) if the member is absent from 3 consecutive meetings of the\nboard other than on leave approved by the Minister; or\n(b) if the Minister is satisfied that the member is no longer qualified\nto be appointed to the member’s position; or\n(c) for misbehaviour or physical or mental incapacity, if the\nincapacity affects the exercise of the member’s functions; or\n(d) if the member becomes bankrupt or personally insolvent.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\nDivision 7.3 Board proceedings\n75 Calling board meetings\n(1) The architects board meets at the times and places the board\nchairperson decides.\n(2) However, the architects board must meet at least 4 times each year.\n(3) The board chairperson must ensure that board members have\nreasonable notice of meetings.\n\nPart 7 Architects board\nDivision 7.3 Board proceedings\nSection 76\npage 36 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The board chairperson may decide to hold a meeting using a method\nof communication, or a combination of methods of communication,\nthat allows a board member taking part to hear what each other\nmember taking part says without the members being in each other’s\npresence.\nExamples\na phone link, an internet or intranet link\n(5) A board member taking part in a meeting conducted under\nsubsection (4) is taken, for all purposes, to be present at the meeting.\n76 Board procedures\n(1) The board chairperson presides at meetings of the architects board.\n(2) However, if the chairperson is absent from a meeting, the deputy\nchairperson presides at the meeting.\n(3) Business may be carried on at a board meeting only if—\n(a) at least 3 board members are present, including at least\n2 architects; and\n(b) the board chairperson or deputy chairperson is present.\n(4) A question arising at a meeting may be decided by a majority of the\nvotes of members present and voting.\n(5) If the votes of the architects board on a question are equally divided,\nthe decision of the member presiding is the decision of the board on\nthe question.\n(6) The board may decide its own procedure in relation to anything for\nwhich a procedure is not provided under this Act.\n(7) The board must keep minutes of its meetings.\n\nArchitects board Part 7\nBoard committees Division 7.4\nSection 77\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 7.4 Board committees\n77 Establishment of committees\nThe architects board may establish committees to help the board in\nthe exercise of its functions.\n78 Exercise of committee functions\n(1) The architects board may decide—\n(a) how a committee is to exercise its functions; and\n(b) the procedure to be followed for meetings of the committee,\nincluding—\n(i) the calling of meetings; and\n(ii) the number of committee members to be present at\nmeetings (including requirements that particular members\nbe present); and\n(iii) the committee member who is to preside at meetings; and\n(iv) how questions arising at a meeting are to be decided; and\n(v) the keeping of minutes of meetings.\n(2) Subject to any decision of the architects board under subsection (1),\na committee may decide its own procedures.\n79 Membership of committees\n(1) A committee consists of the people appointed by the architects board.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, div 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n(2) A committee may consist completely or partly of board members.\n\nPart 7 Architects board\nDivision 7.4 Board committees\nSection 80\npage 38 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n80 Reimbursement for committee members\n(1) A committee member is not entitled to be paid for the exercise of the\nmember’s functions.\n(2) However, the Territory must reimburse a committee member for\nexpenses reasonably incurred in the exercise of the member’s\nfunctions.\n(3) This section does not apply to a committee member who is also a\nboard member.\n\nProtection and information Part 8\nSection 81\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Protection and information\n81 Definitions for pt 8\nFor this part:\ninformed person means anyone who is, or has been, an official.\nofficial means—\n(a) a member of the architects board; or\n(b) the registrar; or\n(c) anyone acting under the direction or authority of the board.\n82 Protection of participants and people reporting\n(1) This section applies to a person who is or has been a complainant or\nparticipant in a proceeding about a complaint.\n(2) A proceeding does not lie against a person to whom this section\napplies in relation to anything done, or omitted to be done, honestly\nin that capacity.\n83 Protection of officials\n(1) An official does not incur civil or criminal liability for an act or\nomission done honestly and without negligence for this Act.\n(2) A civil liability that would, apart from this section, attach to an\nofficial, attaches instead to the Territory.\n\nPart 8 Protection and information\nSection 84\npage 40 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n84 Secrecy\n(1) In this section:\ncourt includes any tribunal, authority or person with power to require\nthe production of documents or the answering of questions.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an informed person because of the\nexercise of a function under this Act.\n(2) A person commits an offence if—\n(a) the person is an informed person; and\n(b) the person—\n(i) makes a record of protected information; or\n(ii) directly or indirectly, divulges or communicates protected\ninformation to someone else; and\n(c) the record is not made, or the information is not divulged or\ncommunicated, in relation to the exercise of a function, as a\nprotected person, under this Act.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsection (2) does not apply if the informed person makes the\nrecord, or divulges or communicates the information, in relation to\nthe exercise of a function, as a protected person, under this Act or\nanother Territory law.\n\nProtection and information Part 8\nSection 84\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsection (2) does not prevent an informed person from divulging\nor communicating protected information—\n(a) with the consent of the person from whom the information was\nobtained; or\n(b) to a person administering or enforcing a corresponding law of a\nlocal jurisdiction; or\n(c) to a law enforcement authority.\nNote Corresponding law—see dict.\n(5) An informed person need not divulge or communicate protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother Act.\n\nPart 9 Notification and review of decisions\nSection 85\npage 42 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Notification and review of\ndecisions\n85 Meaning of reviewable decision—pt 9\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n86 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n86A Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 10\nSection 87\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 10 Miscellaneous\n87 Board examinations\n(1) The architects board may—\n(a) conduct an examination if it considers it appropriate to do so for\nthis Act; and\n(b) if it decides to conduct an examination—appoint an examiner to\nconduct the examination.\n(2) The architects board may determine—\n(a) the fees to be paid to examiners; and\n(b) the fees to be paid by candidates for examination.\n(3) A determination is a notifiable instrument.\n88 Code of professional conduct\n(1) The Minister may approve a code of professional conduct for—\n(a) registered architects; or\n(b) an architectural service.\n(2) An approved code of professional conduct is a disallowable\ninstrument.\n(3) An approved code of professional conduct may apply, adopt or\nincorporate (with or without change or modification)—\n(a) a law or an Australian Standard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(4) The Legislation Act, section 47 (5) and (6) do not apply to an\ninstrument applied, adopted or incorporated under subsection (3).\nNote An instrument under subsection (3) does not need to be notified under the\nLegislation Act because s 47 (5) and (6) do not apply (see Legislation\nAct, s 47 (7)).\n\nPart 10 Miscellaneous\nSection 89\npage 44 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The director-general must ensure that an instrument that is applied,\nadopted or incorporated under subsection (3) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(6) An instrument that is applied, adopted or incorporated under\nsubsection (3) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\nsubsection (5).\n89 Registered architect to give evidence of insurance\n(1) Before providing an architectural service to a person (the client),\na registered architect must give the client evidence of what\nprofessional indemnity insurance the architect holds in relation to the\nservice to be provided.\n(2) The registered architect may ask the client to sign an\nacknowledgment that the client has been told about the architect’s\nprofessional indemnity insurance.\n(3) The acknowledgment must state the time and date it was given.\n(4) If the client signs the acknowledgment, the registered architect must\nimmediately give the client a copy of it.\n(5) The architects board may assume that the client was not told about\nthe professional indemnity insurance the registered architect holds\nif—\n(a) a question arises whether the client was told about the architect’s\ninsurance; and\n(b) an acknowledgment under this section is not produced; and\n(c) it is not proved that the architect told the client about the\ninsurance.\n\nMiscellaneous Part 10\nSection 90\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The registered architect is taken to have given evidence of what\ninsurance the architect holds before providing an architectural service\nto a person if the architect advertised the insurance held at the time of\nproviding the services in a way likely to come to the attention of the\nclient.\nExample of advertising insurance held\n1 including details of insurance in the telephone directory, if the details are\ncorrect at the time the service is provided\n2 having details of insurance on the vehicle used to provide the service or\ntransport to the location to provide the service, if the details are correct at the\ntime the service is provided\n90 Evidentiary certificates\n(1) The architects board may issue a certificate, signed by the board—\n(a) stating that on a date or during a period stated a named person\nwas or was not registered; and\n(b) if the person was registered—including details of the person’s\nregistration.\n(2) The architects board may issue a certificate, signed by the board—\n(a) stating that on a date or during a period stated, a named person\nwas or was not a nominee, or the primary nominee, for a firm;\nand\n(b) if the person was a nominee—including details of the person’s\nregistration.\n(3) A certificate under this section is evidence of the matters stated in it.\n(4) Unless the contrary is proved, a document that purports to be a licence\nor certificate under this section is taken to be such a document.\n\nPart 10 Miscellaneous\nSection 90A\npage 46 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n90A Notifiable instruments under s 8 and Legislation Act, s 47\n(1) This section applies in relation to a declaration or accreditation made\nunder section 8 (Eligibility for registration).\n(2) A declaration or accreditation may apply, adopt or incorporate a law\nof another jurisdiction or instrument as in force from time to time.\n(3) The Legislation Act, section 47 (5) or (6) does not apply in relation\nto the law of another jurisdiction or instrument applied, adopted or\nincorporated under a declaration or accreditation.\nNote Laws of another jurisdiction and instruments mentioned in s (3) do not\nneed to be notified under the Legislation Act because s 47 (5) and (6)\ndo not apply (see Legislation Act, s 47 (7)).\n(4) In this section:\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n91 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n92 Approved forms\n(1) The architects board may approve forms in relation to registration and\nnominees for this Act.\n(2) If the architects board approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n93 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to who may be\nnominated to be a board member and how the person may be\nnominated.\n\nReviewable decisions Schedule 1\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 9)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 9 refuse to\nregister person\napplicant for registration\n2 10 put condition\non registration\napplicant for registration or\nrenewal of registration\n3 19 (2) remove details\nof person’s\nregistration\nfrom register\nperson whose registration\ndetails are removed\n4 20 remove details\nof person’s\nregistration\nfrom register\nperson whose registration\ndetails are removed\n5 28 refuse to\napprove\nresignation of\nnominee of\nfirm\nnominee or firm\n6 29 refuse to\nrevoke\nnominee’s\nappointment\nnominee or firm\n\nDictionary\npage 48 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• function\n• notifiable instrument (see s 10)\n• occupational discipline order\n• penalty unit (see s 133)\n• public servant\n• reviewable decision order\n• under.\narchitect—\n(a) for part 4 (Complaints)—see section 33.\n(b) for part 5 (Occupational discipline—architects)—see\nsection 41.\narchitectural service—see section 7.\narchitects board—see section 64.\nboard members—see section 70 (1).\ncorresponding law means any law of a local jurisdiction that\nregulates architects in the jurisdiction.\nfirm means a corporation or partnership.\nground for occupational discipline—see section 42.\n\nDictionary\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ninformed person, for part 8 (Protection and information)—see\nsection 81.\nlocal jurisdiction means the Commonwealth, a State or New Zealand.\nlocal registering authority means the entity responsible for\nregulating the architect profession under a corresponding law.\nmandatory requirement, for division 3.3 (Nominees)—see\nsection 21.\nofficial, for part 8 (Protection and information)—see section 81.\nregistered means a person registered under this Act.\nregister means the register kept under this Act.\nregistrar means the registrar appointed under section 13.\nregistration number, for a person, means a unique identifying\nnumber given to the person on registration.\nreviewable decision, for part 9 (Notification and review of\ndecisions)—see section 85.\n\nEndnotes\n1 About the endnotes\npage 50 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nArchitects Act 2004 A2004-20\nnotified LR 7 April 2004\ns 1, s 2 commenced 7 April 2004\nremainder commenced 1 July 2004 (s 2)\nas amended by\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.4\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.4 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.4\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.4\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.4 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.2\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.2 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.13\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 July 2011 (s 2 (1))\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 2\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\npt 2 commenced 1 September 2013 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 52 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 2 pt 2.1\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 2 pt 2.1 commenced 27 April 2016 (s 2)\nPlanning, Building and Environment Legislation Amendment Act\n2016 (No 2) A2016-24 pt 2\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 2 commenced 12 May 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.6\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 September 2016 (s 2)\nBuilding and Construction Legislation Amendment Act 2019\nA2019-48 pt 2\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\npt 2 commenced 10 December 2019 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.3\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.3 commenced 6 April 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.2\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.2 commenced 24 August 2022 (s 2)\nBuilding and Construction Legislation Amendment Act 2023\nA2023-55 pt 2\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 2 commenced 12 December 2023 (s 2 (4))\n\nEndnotes\nLegislation history 3\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 3\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 3 commenced 9 June 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.5, sch 4 pt 4.11\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.5, sch 4 pt 4.11 commenced 16 November 2025 (s 2 (1), (9))\n\nEndnotes\n4 Amendment history\npage 54 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMeaning of architectural service for Act\ns 7 am A2009-20 amdt 3.9\nRegistration of architects\ndiv 3.1 hdg note om A2022-14 amdt 3.3\nEligibility for registration\ns 8 am A2009-20 amdt 3.10, amdt 3.13; A2013-31 s 4, s 5;\nA2025-29 amdt 4.11\nDecision on registration application\ns 9 am A2008-28 amdt 3.27; A2008-36 amdt 1.40; A2009-49\namdt 3.4\nRegistration conditions\ns 10 am A2008-36 amdt 1.41\nInclusion of details in register\ns 11 am A2009-20 amdt 3.9\nRegistrar\ns 13 am A2011-22 amdt 1.47\nException to public inspection\ns 15 am A2008-36 amdt 1.42\nNotice of intention to remove from register\ns 18 am A2022-14 amdt 3.4\nRegister information may be removed\ns 20 am A2008-28 amdt 3.28; A2009-49 amdt 3.5\nNominee’s resignation\ns 28 am A2022-14 amdt 3.5\nRevocation of nominee’s appointment\ns 29 am A2022-14 amdt 3.5\nWho may complain?\ns 34 am A2008-36 amdt 1.43\nForm of complaint\ns 35 am A2016-18 amdt 2.1\nFurther information about complaint etc\ns 37 am A2025-13 s 8\nAction after investigating complaint\ns 40 am A2008-36 amdt 1.44, amdt 1.45\n\nEndnotes\nAmendment history 4\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOccupational discipline—architects\npt 5 hdg sub A2008-36 amdt 1.46\nDisciplinary proceedings\ndiv 5.1 hdg om A2008-36 amdt 1.46\nDisciplinary inquiries\ndiv 5.2 hdg om A2008-36 amdt 1.46\nMeaning of architect—pt 5\ns 41 sub A2008-36 amdt 1.46\nGrounds for occupational discipline\ns 42 sub A2008-36 amdt 1.46\nam A2023-55 s 4\nApplication to ACAT for occupational discipline\ns 43 sub A2008-36 amdt 1.46\nConsiderations before making occupational discipline orders\ns 44 sub A2008-36 amdt 1.46\nGiving local registering authorities information about cancelling or\nsuspending registration\ns 45 sub A2008-36 amdt 1.46\nDisciplinary action\ns 46 om A2008-36 amdt 1.46\nPublic notice of disciplinary action\ns 47 om A2008-36 amdt 1.46\nGiving local registering authorities information about certain disciplinary\naction\ns 48 om A2008-36 amdt 1.46\nNotice of inquiry\ns 49 om A2008-36 amdt 1.46\nInquiry procedure\ns 50 om A2008-36 amdt 1.46\nEvidence at inquiry\ns 51 om A2008-36 amdt 1.46\nLegal representation at inquiry\ns 52 om A2008-36 amdt 1.46\nBoard may require appearance, information or documents\ns 53 om A2008-36 amdt 1.46\nConfidentiality and client communications\ns 54 om A2008-36 amdt 1.46\n\nEndnotes\n4 Amendment history\npage 56 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWitness expenses\ns 55 om A2008-36 amdt 1.46\nIndividual pretending to be registered\ns 57 am A2009-20 amdt 3.11\nIndividual advertising without details\ns 60 am A2022-14 amdt 3.6\nBoard functions\ns 65 am A2008-36 amdt 1.47\nAnnual report by board\ns 67 am A2009-20 amdt 3.10; A2016-52 amdt 1.28\nMinisterial directions to board\ns 68 am A2023-55 s 5; A2025-29 amdt 4.11\nDelegation by board\ns 69A ins A2016-24 s 5\nsub A2019-48 s 4\nBoard membership\ns 70 am A2022-4 amdt 1.5\nDisclosure of interests by board members\ns 73 am A2022-4 amdts 1.6-1.8\nEnding appointment of board member\ns 74 am A2008-28 amdt 3.29; A2009-49 amdt 3.6\nCalling board meetings\ns 75 am A2019-48 s 5\nNotification and review of decisions\npt 9 hdg sub A2008-36 amdt 1.48\nMeaning of reviewable decision—pt 9\ns 85 sub A2008-36 amdt 1.48\nReviewable decision notices\ns 86 sub A2008-36 amdt 1.48\nam A2025-29 amdt 4.11\nApplications for review\ns 86A ins A2008-36 amdt 1.48\nam A2025-29 amdt 4.11\nBoard examinations\ns 87 am A2009-20 amdt 3.13; A2025-29 amdt 4.11\n\nEndnotes\nAmendment history 4\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCode of professional conduct\ns 88 am A2009-20 amdt 3.9\nsub A2023-55 s 6\nam A2025-29 amdts 3.5-3.9; pars renum R18 LA\nRegistered architect to give evidence of insurance\ns 89 am A2025-29 amdt 4.11\nNotifiable instruments under s 8 and Legislation Act, s 47\ns 90A ins A2013-31 s 6\nDetermination of fees\ns 91 am A2009-20 amdt 3.13; A2025-29 amdt 4.11\nApproved forms\ns 92 am A2025-29 amdt 4.11\nRegulation-making power\ns 93 am A2009-20 amdt 3.9; A2025-29 amdt 4.11\nTransitional\npt 11 hdg exp 30 June 2005 (s 105)\nMeaning of repealed Act for pt 11\ns 94 exp 30 June 2005 (s 105)\nLegislation repealed\ns 95 om LA s 89 (3)\nMembers of architects board\ns 96 exp 30 June 2005 (s 105)\nArchitects registered under repealed Act\ns 97 exp 30 June 2005 (s 105)\nSuspended registration\ns 98 exp 30 June 2005 (s 105)\nInquiry under repealed Act\ns 99 exp 30 June 2005 (s 105)\nDisciplinary grounds for s 42\ns 100 exp 30 June 2005 (s 105)\nAppeals under repealed Act\ns 101 exp 30 June 2005 (s 105)\nNew regulations\ns 102 exp 1 July 2004 (s 102 (5))\nTransitional regulations\ns 103 exp 30 June 2005 (s 105)\n\nEndnotes\n4 Amendment history\npage 58 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBuilding and Construction Industry Training Levy Regulations 2001,\nregulation 3 (1) (b)\ns 104 om LA s 89 (3)\nExpiry of pt 11\ns 105 exp 30 June 2005 (s 105)\nReviewable decisions\nsch 1 om R1 LA\nins A2008-36 amdt 1.49\nDictionary\ndict am A2008-36 amdt 1.50; A2009-49 amdt 3.7; A2011-22\namdt 1.48; A2016-52 amdt 1.29\ndef architect am A2008-36 amdt 1.51\ndef daily ACT newspaper om A2009-20 amdt 3.12\ndef disciplinary ground om A2008-36 amdt 1.52\ndef disciplinary notice om A2008-36 amdt 1.52\ndef ground for occupational discipline ins A2008-36\namdt 1.53\ndef reviewable decision sub A2008-36 amdt 1.54\n\nEndnotes\nEarlier republications 5\nR18\n16/11/25\nArchitects Act 2004\nEffective: 16/11/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004–\n1 July 2004\nnot amended new Act\nR2\n2 July 2004\n2 July 2004–\n30 June 2005\nnot amended commenced expiry\nR3\n1 July 2005\n1 July 2005–\n25 Aug 2008\nnot amended commenced expiry\nR4\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\nR5\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-36 amendments by\nA2008-36\nR6\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\nR7\n17 Dec 2009\n17 Dec 2009–\n30 June 2011\nA2009-49 amendments by\nA2009-49\nR8\n1 July 2011\n1 July 2011–\n31 Aug 2013\nA2011-22 amendments by\nA2011-22\nR9\n1 Sept 2013\n1 Sept 2013–\n26 Apr 2016\nA2013-31 amendments by\nA2013-31\nR10\n27 Apr 2016\n27 Apr 2016–\n11 May 2016\nA2016-18 amendments by\nA2016-18\nR11\n12 May 2016\n12 May 2016–\n31 Aug 2016\nA2016-24 amendments by\nA2016-24\nR12\n1 Sept 2016\n1 Sept 2016–\n9 Dec 2019\nA2016-52 amendments by\nA2016-52\n\nEndnotes\n5 Earlier republications\npage 60 Architects Act 2004\nEffective: 16/11/25\nR18\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR13\n10 Dec 2019\n10 Dec 2019–\n5 Apr 2022\nA2019-48 amendments by\nA2019-48\nR14\n6 Apr 2022\n6 Apr 2022–\n23 Aug 2022\nA2022-4 amendments by\nA2022-4\nR15\n24 Aug 2022\n24 Aug 2022–\n11 Dec 2023\nA2022-14 amendments by\nA2022-14\nR16\n12 Dec 2023\n12 Dec 2023–\n8 June 2025\nA2023-55 amendments by\nA2023-55\nR17\n9 June 2025\n9 June 2025–\n15 Nov 2025\nA2025-13 amendments by\nA2025-13\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a regulatory framework for architects. While it has been amended multiple times since 2004 (as shown in the amendment history), these changes appear to be refinements and updates rather than significant expansions beyond the original purpose of regulating architectural services, registration, and professional conduct. The core structure covering registration, complaints, discipline, and offences remains consistent with the original intent."},"complexity_factors":["Moderate length (93 sections plus schedule and dictionary)","Cross-referencing with the Legislation Act 2001, Criminal Code, and ACT Civil and Administrative Tribunal Act 2008","Multiple defined terms in the Dictionary (approx. 15-20 specific to this Act)","Conditional logic in registration eligibility (alternative pathways for qualifications)","Nested exceptions in Part 6 (offences) with specific defences for partners in partnerships","Dual definitions of 'architect' applying to different Parts of the Act (sections 33 and 41)","Interaction between firm liability and individual nominee responsibility in Division 3.3","Specific procedural requirements for complaints and disciplinary actions"],"plain_english_summary":"The Architects Act 2004 (ACT) regulates who may call themselves an architect and provide architectural services in the ACT by requiring registration with the Architects Board, accredited qualifications, at least two years’ experience (including one in Australia), and board approval. Firms must appoint a registered nominee.\n\nIt empowers the Board to maintain a public register, require insurance, handle complaints and discipline (including ACAT referral), and prohibits unregistered practice to protect public safety and consumers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments over time have adjusted scope and administrative tools: registration criteria and accreditation powers were updated (s8); ministerial direction powers and board compliance rules were clarified (s68–69); delegation to the registrar was added (s69A); nominee duties and related offences were refined (div 3.3, ss22–32, 30); a mandatory requirement to give evidence of professional indemnity insurance was introduced (s89); and many earlier disciplinary inquiry provisions were removed (see amendment history/endnotes). These changes broaden administrative discretion and compliance obligations while retaining ACAT for discipline."},"complexity_factors":["Detailed eligibility and experience thresholds for registration, with board-approved qualifications and examinations (s8).","Nominee regime imposing duties and strict‑liability offences on nominees, firms and partners, including mandatory written requirements and reporting (div 3.3, ss21–32, 30).","Multiple offence provisions with varying penalty levels and strict liability, covering advertising, impersonation and third‑party service provision (pt 6, ss57–63).","Separation of investigative, administrative and judicial roles: Board investigates and applies to ACAT for discipline; ACAT makes orders (ss38–40, 43–45).","Administrative discretion and oversight: Minister may give written directions within limits (s68) but cannot direct individual registration decisions (s68(2)); board must comply (s69).","Information governance: public register access rules, exceptions for disciplinary matters, and power to share register data with other jurisdictions (ss14–20, 17).","Regulatory instruments and delegation: notifiable/disallowable instruments, approved forms, fee determinations and delegation to registrar (ss87–93, 69A, 90A).","Evidentiary and compliance mechanics, including requirement to provide evidence of professional indemnity insurance before services (s89) and board-issued certificates as prima facie proof (s90).","Cross‑jurisdictional interactions and corresponding‑law concepts affecting registration and discipline (definitions and ss9(4), 45).","Amendment history and omitted/renumbered disciplinary inquiry provisions increase interpretive complexity (endnotes and amendment history)."],"plain_english_summary":"This Act sets out how architects are registered, how firms must appoint a registered nominee responsible for architectural services, and how the Architects Board manages registration, complaints and applications for occupational discipline (see s6, s8, div 3.3, ss65–66, 42). It prescribes eligibility, reporting and disclosure duties (including evidence of insurance), public register rules, penalties for breaches and mechanisms for information sharing. The law directly affects individual architects, firms, nominees and clients by imposing competence, disclosure and compliance obligations and by enabling enforcement and disciplinary action."}},"importantCases":[],"_links":{"self":"/api/acts/architects-act-2004","history":"/api/acts/architects-act-2004/history","analysis":"/api/acts/architects-act-2004/analysis","conflicts":"/api/acts/architects-act-2004/conflicts","importantCases":"/api/acts/architects-act-2004/important-cases","documents":"/api/acts/architects-act-2004/documents"}}